53
XV
OPERATIVE PARAGRAPHS
130.
Therefore
THE COURT,
unanimously,
1.
finds that the State violated the right to a fair trial embodied in Article 8 of
the American Convention on Human Rights, with regard to Manuel Aguirre Roca,
Guillermo Rey Terry and Delia Revoredo Marsano.
2.
finds that the State violated the right to judicial protection embodied in
Article 25 of the American Convention on Human Rights, with regard to Manuel
Aguirre Roca, Guillermo Rey Terry and Delia Revoredo Marsano.
3.
finds that the State failed to comply with the general obligation of Article 1(1)
of the American Convention on Human Rights, with regard to the violation of the
substantive rights indicated in the previous operative paragraphs of this judgment.
4.
decides that the State must order an investigation to determine the persons
responsible for the human rights violations referred to in this judgment and also
publish the results of this investigation and punish those responsible.
5.
decides that the State must pay the amounts corresponding to the arrears of
salary and other benefits that, by law, correspond to Manuel Aguirre Roca, Guillermo
Rey Terry and Delia Revoredo Marsano, in the terms of paragraphs 121 and 128 of
this judgment.
6.
decides that, in fairness, the State must reimburse the victims in the instant
case, for costs and expenses, in the way and under the terms set out in paragraphs
126 and 128 of this judgment, the following amounts: Manuel Aguirre Roca,
US$25,000.00 (twenty-five thousand United States dollars) or the equivalent in
Peruvian money when the payment is made; Guillermo Rey Terry, US$25,000.00
(twenty-five thousand United States dollars) or the equivalent in Peruvian money
when the payment is made; and Delia Revoredo Marsano, US$35,000.00 (thirty-five
thousand United States dollars) or the equivalent in Peruvian money when the
payment is made.
7.
decides that it will monitor that this judgment is complied with and only then
will it close the case.
Done at San Jose, Costa Rica, on January 31, 2001, in the Spanish and English
languages, the Spanish version being authentic.
Antônio A. Cançado Trindade
President
Máximo Pacheco-Gómez
Pesantes
Oliver Jackman
Hernán SalgadoAlirio Abreu-Burelli